Ukraine Adoption Law

On approval of the Procedure for registration of children who may be adopted, of the persons who wish to adopt a child, as well as for control of the respect for rights of the adopted children

In view of implementing the provisions of the Family Code of Ukraine (2947-14) relating to the adoption of children, the Cabinet of Ministers of Ukraine resolves:

1. To approve the Procedure for registration of children who may be adopted, of the persons who wish to adopt a child, as well as for control of the respect for rights of the adopted children (enclosed).

2. To consider being null and void the following acts:

Resolution # 775 of the Cabinet of Ministers of Ukraine of 20 July 1996 (775-96-я) entitled "On approval of the Procedure for granting the adoption of children who are nationals of Ukraine to nationals of Ukraine and aliens, as well as for controlling their living conditions in the adopters' families." (ZP Ukrainy, 1996, # 14, p. 394);

Resolution # 1108 of the Cabinet of Ministers of Ukraine of 22 June 1999 (1108-99-я) entitled "On amending the Procedure for granting the adoption of children who are nationals of Ukraine to nationals of Ukraine and aliens, as well as for controlling their living conditions in the adopters' families." (Ofitsijnyi Visnyk Ukrainy, 1999, # 25, p. 1177).

3. The present Resolution shall enter into force as from 1 January 2004.

Prime Minister of Ukraine

V.YANUKOVYCH

Ind. 28

APPROVED
by the Cabinet of Ministers of Ukraine
in its resolution # 1377 of 28 august 2003

PROCEDURE
for registration of children who may be adopted, of the persons who wish to adopt a child, as well as for control of the respect for rights of the adopted children

Registration of Children who May Be Adopted

1. Managers of the institutions where children without parental care stay, as well as officials of custody and care authorities, within seven days after they have received information on such children, submit a written notification thereon to the Education Division of the rural district, urban district in the cities of Kyiv and Sevastopol State Administrations, the Executive Committee of the city, urban district rada concerned (hereinafter referred to as "Education Division") in the child's place of residence or, whenever the place of residence of the child concerned has not been identified, - in the place where he/she stays.

2. The Education Division, within seven days after the information on the child without parental care has been received, enters records of such a child in the Book for Initial Registration of Children without Parental Care (hereinafter referred to as "initial registration"), this Book being kept in the format illustrated in Annex 1.

3. Children who have been abandoned in the maternity home or any other health institution whatsoever, or whom parents or other relatives refused to take away, as well as children who have been exposed or found shall be placed in a child care facility based on the statement drawn up by the administration of the institution concerned in the presence of a representative of the law enforcement authority or by law enforcement authorities in the format as approved by the Ministry of Health and the Ministry of Interior, as well as based on the decision taken by the rural district, urban district in the cities of Kyiv and Sevastopol State Administrations, the Executive Committee of the city, urban district rada concerned in the place where the maternity home or any other health institution is located, as well as based on documents prepared by the Education Division.

If a child is transferred or placed in a childcare facility of any other district (city), the relevant documents shall be enclosed the information on in which Education Division the child has been initially registered.

4. As long as, within one month after the initial registration of the child, no person has expressed his/her wish to adopt or take the child in custody or care, the Education Division in the place of residence of the child or, if the place of residence of the child has not been identified, - in the place where the child stays, shall fill in the child's form in the format as prescribed in Annex 2, in three copies, which should be attested by the authority that has taken the decision to place the child in the child care facility.

Two copies are transmitted, respectively, to the Ministry of Education of the Autonomous Republic of Crimea, the Central Education and Science Department of the Kyiv City State Administration, the Education and Science Department of the oblast and Sevastopol City State Administrations.

If the child who has been initially registered has minor and juvenile brothers or sisters, the stamp "Brothers (sisters) are available" is put the right top corner of the first page of the child's form.

5. The Ministry of Education of the Autonomous Republic of Crimea, the Central Education and Science Department of the Kyiv City State Administration, the Education and Science Department of the oblast and Sevastopol City State Administrations shall:

based on the child's form received, proceeds, within five working days, to regional registration of the child who may be adopted;

whenever, within one month after the child's regional registration, no person has expressed his/her wish to adopt or take the child in custody or care, transmits to the Center for the Adoption of Children one copy of the child's form attested by the Chairman (vice-chairman) of the Council of Ministers of the Autonomous Republic of Crimea, the head (deputy head) of the oblast, Kyiv and Sevastopol Cities State Administrations.

The Center for the Adoption of Children, within five working days, based on the child's form received, proceeds to centralized registration of the child who may be adopted.

6. If the legal position of the child who has undergone centralized registration has changed (renewal of parental rights, adoption, etc.), the Education Division, in the place where the child resides (stays), informs thereon, within seven working days, the Education Division, in which the child was initially registered, as well as the Ministry of Education of the Autonomous Republic of Crimea, the Central Education and Science Department of the Kyiv City State Administration, the Education and Science Department of the oblast and Sevastopol City State Administrations, and the Center for the Adoption of Children, respectively.

7. After the expiration of one year since the child has been initially registered, the Education Division in the place where the child resides (stays) sends, within seven working days, to the Center for the Adoption of Children the updated information on the legal position, place of residence (staying) of the child, as well as the opinion on the child's health, physical and mental development, such an opinion being drawn up in the format contained in Annex 3.

8. A child shall be stricken off the initial, regional, and centralized register in case of:

1) renewal of parental rights;

2) adoption;

3) extending custody or care if there is no consent of the custodian or caretaker to the adoption of the child;

4) attainment of the full age;

5) death.

Registration of Persons who Wish to Adopt a Child

9. Nationals of Ukraine who wish to adopt a child shall file a written application with the Education Division in the place of their residence and those residing outside the limits of Ukraine - with the Center for the Adoption of Children.

The application shall be supported with the following documents:

1) statement of earnings or a copy of the income declaration certified as prescribed by law;

2) copy of the Marriage Certificate whenever the applicants are married to each other;

3) opinion on the health of each applicant, drawn up in the format contained in Annex 4;

4) duly notarized written consent to the adoption of the other spouse (if the child is adopted by one of the spouses) unless law provides otherwise;

5) information on criminal record provided by law enforcement authorities in the place of residence.

10. Aliens who wish to adopt a child who is a national of Ukraine and resides in its territory shall file a written application with the Center for the Adoption of Children.

In addition to the documents referred to in paragraph 9 of the present Procedure, aliens shall add to the application:

1) opinion issued by the competent authority of the State of residence, such an opinion confirming the possibility for them to be adopters and indicating their living and household conditions, biography, composition of the family, availability of their own children, and other details. Whenever non-public authority provides the opinion, the latter should be supported with a copy of license, which authorizes this authority to deal with adoption matters;

2) permission of the competent authority of the State of residence for the adopted child to enter and permanently reside therein;

3) copy of the passport or any other document attesting the identity of the applicant;

4) information on criminal record provided by the competent authority of the State of residence;

5) applicant's obligation to register the child, within one month after the entry of the child in the State of residence, in the appropriate consular post or diplomatic mission of Ukraine (with indication of the specific consular post or diplomatic mission), as well as to submit to this consular post or diplomatic mission periodical reports (at least once a year) drawn up in the format contained in Annex 5, such reports describing how the child lives and is educated, and to allow a representative of the consular post or diplomatic mission to contact the child.

The abovementioned documents shall be legalized (except the copy of the passport or any other document attesting the identity of the applicant) in the diplomatic mission of Ukraine concerned unless international treaties of Ukraine provide otherwise, and submitted, together with the translation into Ukrainian, to the Center for the Adoption of Children.

11. The Education Division, within 10 working days after the receipt of the application for the adoption of a child by nationals of Ukraine, draws up a statement of housing-and-household conditions, considers the possibility of adoption, and prepares the relevant opinion. In case of positive decision, the Division registers the applicant as a candidate for the adopter and enters the information on him/her in the register of candidates for adopters, this register being kept in the format shown in Annex 6. Upon applicants' requests, they are provided the opinion and documents based on which they can approach the Ministry of Education of the Autonomous Republic of Crimea, the Central Education and Science Department of the Kyiv City State Administration, the Education and Science Department of the oblast and Sevastopol City State Administrations, and any education division or the Center for the Adoption of Children where requirements for the Ukraine adoption, rights and obligations, which an adoption creates are explained to the applicants.

12. The Center for the Adoption of Children, within 20 working days, considers the application lodged by Ukrainian nationals residing outside the limits of Ukraine and by aliens. In case of positive decision, the Center registers the applicant as a candidate for the adopter and enters the information on him/her in the register of candidates for adopters. The date when candidates for adopters may come to obtain, from the centralized database, information on children who may be adopted is fixed upon agreement with the Center for the Adoption of Children.

Whenever the registration is refused, a written motivated reply shall be sent to the applicant together with the documents he/she has submitted.

13. Documents relating to the adoption are valid throughout one year from date they have been issued unless law of the issuing State provides otherwise.

14. The Ministry of Education of the Autonomous Republic of Crimea, the Central Education and Science Department of the Kyiv City State Administration, the Education and Science Department of the oblast and Sevastopol City State Administrations, and any education division, and the Center for the Adoption of Children provide the candidates for the adopters - nationals of Ukraine with information on children who have undergone initial, regional and centralized registration and issue a permit for them to go to the child care facility concerned and to get to know and contact the child, such a permit being issued in the format as approved by the Center for the Adoption of Children.

15. The Center for the Adoption of Children shall provide aliens - candidates for adopters with information on the child who has undergone centralized registration since more than one year unless law provides otherwise, and issue a permit for them to go to the rural district, urban district in cities of Kyiv and Sevastopol State Administrations, the Executive Committee of the city, urban district rada concerned and to arrange a contact with the child, such a permit being issued in the format as approved by the Center for the Adoption of Children.

The permit shall be valid during 10 days from the date of its issuance.

Together with the permit, aliens are given back their documents, the latter being stitched, sealed and countersigned by the director of the Center for the Adoption of Children, with indication of the number under which the candidate has been registered in the Center.

16. Whenever a candidate for the adopter fails to contact the child concerned, the rural district, urban district in cities of Kyiv and Sevastopol State Administrations, the Executive Committee of the city, urban district rada concerned notifies the Center for the Adoption of Children thereon.

17. Candidates for the adopter who are nationals of Ukraine and who have been unable to contact the child concerned may apply to the Ministry of Education of the Autonomous Republic of Crimea, the Central Education and Science Department of the Kyiv City State Administration, the Education and Science Department of the oblast and Sevastopol City State Administrations, and any education division, and the Center for the Adoption of Children, for obtaining a new permit, while nationals of Ukraine residing abroad and aliens may apply to the Center for the Adoption of Children.

18. Having contacted the child, candidates for the adopter lodge the application for the adoption with the Education Division in the place where the child stays.

The application shall be drawn up in Ukrainian. It contains the family name, first name, patronymic and the place of residence of the candidate for the adopter, as well as the family name, first name, patronymic, age, and the place where the child stays (resides).

19. The manager of the childcare facility where the child stays or the person, with whom the child lives, upon request of the Education Division with which candidates for the adopter have lodged their applications for the adoption, shall submit the following documents:

1) certificate of birth of the child;

2) certificate of death of the child's parents or a copy of judgment depriving them of parental rights or finding them incapable;

3) duly notarized consent of the parents, the custodian or the caretaker to the adoption of the child;

4) consent of the childcare facility where the child stays to his/her adoption;

5) documents attesting that the parents have not been living with the child for more than six months without valid reasons, that they have neither been caring about the child nor maintaining him/her;

6) opinion on the state of health, physical and mental development of the child;

7) statement of the manager of the childcare facility that the candidate for the adopter has personally seen the child and established contact with him/her.

20. The Education Division in the place where the child stays (resides), based on the application submitted by a candidate for the adopter and the documents referred to in paragraphs 9,10, 14, 15 and 19 of the present Procedure and within 10 working days, prepares an opinion on whether the adoption is relevant and meets the best interests of the child, for nationals of Ukraine to produce this opinion in court, and for aliens - to submit it to the Center for the Adoption of Children in view of obtaining consent to the adoption.

The opinion on whether the adoption is relevant and meets the best interests of the child who is adopted by an alien shall be certified by the head (deputy head) of the rural district, urban district in the cities of Kyiv and Sevastopol State Administrations, the Executive Committee of the city, urban district rada concerned in the place where the child stays (resides). The opinion refers to the country of residence of candidates for the adopter, name, and address of the authority, which has issued the opinion that they can be adopters, number under which candidates have been registered in the Center for the Adoption of Children, as well as legal grounds for the adoption of the child. The opinion is enclosed with copies of documents received upon the request of the Center.

21. Having received the opinion on whether the adoption is relevant and meets the best interests of the child, aliens lodge a written application with the Center to the effect that the latter gives its consent to the adoption.

The Center for the Adoption of Children, based on such documents and within five working days, considers the issue of giving consent to the adoption of the child and prepares the opinion, and issues it to the candidate for the adoption so that he/she could produce it to the court.

If the Center for the Adoption of Children refuses to give its consent to the adoption, the Center provides the applicant a motivated reply in written.

To obtain consent of the Center for the Adoption of Children to the adoption of the child who is a national of Ukraine but resides outside the limits of Ukraine, aliens submit (through the appropriate consular post or diplomatic mission of Ukraine, or directly to the Center) documents referred to in paragraphs 9 and 10 of the present Procedure, as well as the opinion of the consular post or diplomatic mission of Ukraine concerned on whether the adoption is relevant and meets the best interests of the child.

22. Whenever one of the spouses adopts the child of the other of spouses, the would-be-adopter files the appropriate application with the Education Division in the place of residence of the child. Such an application shall be supported with the documents referred to in paragraph 9 of the present Procedure, the certificate of birth of the child, certificate of death of one of parents or a copy of the judgment depriving them of parental rights or finding them incapable, as well as the duly notarized father's (mother's) consent to the adoption. Aliens, in addition, shall submit documents referred to in paragraph 10, subparagraphs 1-3, of the present Procedure.

23. A candidate for the adopter shall have the right:

to look into the personal file of the child who may be adopted;

to conduct additional medical examination of the child who may be adopted, in a public or communal health institution in the presence of the representative of the childcare facility.

24. The adoption of children shall be granted based on judicial decision.

The court, which has granted the adoption of a child to an alien, within ten days after its judgment has become res judicata, submit a copy of the judgment as duly certified to the Center for the Adoption of Children.

25. The adopter is required to personally take the child away from the place where he/she stays (resides), after having produced a copy of judgment granting him/her the adoption.

26. Candidates for the adopters are removed from the register of candidates whenever:

1) they adopt a child;

2) documents relating to the adoption become invalid;

3) candidate for the adopter submits such a request, etc.

Control of the respect for the rights of children after their adoption

27. The Education Division in the place where the adopter resides, within the first three years after the child has been adopted, verifies education and living conditions of the child once per year. Following to such verification, a report containing information on the health, physical and mental development of the child, as well as relationship in the family is prepared. The verification is conducted bearing in mind to preserve confidentiality of the adoption.

In the event of revealing any child's rights violation, the Education Division, within one month, takes measures to eliminate the violation and, as the case may be, applies to the court for revocation of the adoption.

28. The Ministry for Foreign Affairs registers children who are nationals of Ukraine and have been adopted by aliens, based on the copy of judgment granting the adoption, such a copy being submitted by the adopters. The Foreign Ministry shall approve the form in which the registration is conducted.

29. The consular post or diplomatic mission of Ukraine concerned, upon instruction of the Ministry for Foreign Affairs, registers children who have been adopted by aliens and reside outside the limits of Ukraine, as well as exercises control of the respect for their rights till they will have attained the age of 18 years.

To exercise control of the respect for the rights of children who have been adopted by aliens and reside outside the limits of Ukraine, the Center for the Adoption of Children, within one month after the receipt of the copy of judgment granting the adoption of a child, transmits to the Ministry for Foreign Affairs a copy of the adopter's obligation to register the child, within one month after the entry of the child in the State of residence, in the appropriate consular post or diplomatic mission of Ukraine, as well as to submit to this consular post or diplomatic mission periodical reports on how the child lives and is educated, and to allow a representative of the consular post or diplomatic mission to contact the child.

30. The Ministry for Foreign Affairs, within one month after the receipt of documents from the Center for the Adoption of Children, instructs the consular post or diplomatic mission of Ukraine concerned to register the child and exercise control of the respect for his/her rights.

The consular post or diplomatic mission of Ukraine exercises control of the respect for the rights of the adopted child, based on the MFA's instruction and universally recognized principles and rules of the international law relating to the protection of the rights of children and, once per year (during the first three years) and thereafter - once per three years, submits relevant information to the MFA for the attention of the Center for the Adoption of Children.